Pakistan Case Law
2011 PLC (C.S.) 1309

DISTRICT COORDINATION OFFICER and others vs ZAHEER ALAM and another

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Citation2011 PLC (C.S.) 1309
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.1956-L and 1957-L of 2010
Date2011-06-24
Judge(s)Khilji Arif Hussain and Mian Saqib Nisar
Authored byMian Saqib Nisar
ResultLeave refused
Summary

This matter arises from a petition filed by the District Coordination Officer and others against the judgment of the Service Tribunal, which had accepted the respondents' appeals regarding their entitlement to advance increments for improved educational qualifications. The core legal question was whether the grant of advance increments for higher qualifications under the relevant notification was restricted solely to a Master's degree in Education or extended to a Master's degree in any discipline. The Supreme Court held that upon examination of the notification dated 25-8-1983, advance increments are indeed available to teachers who have improved their qualifications by acquiring a Master's degree in any discipline, not just Education. Consequently, the Court dismissed the petitions and declined leave to appeal, upholding the Service Tribunal's decision. The key principle laid down is that departmental notifications granting incentives for higher educational qualifications must be interpreted according to their explicit text, which included Master's degrees across all disciplines unless expressly restricted.

Questions settled in this judgment
  • Whether advance increments for higher qualifications are restricted only to a Master's degree in Education?
  • Are teachers who acquire a Master's degree in any discipline entitled to advance increments under the notification dated 25-8-1983?
advance incrementsservice tribunaleducational qualificationsmaster degreeleave to appealdepartmental notification

ORDER

' MIAN SAQIB NISAR, J.--- Having improved their educational qualifications thus claiming entitlement to the increments on that account, the respondents represented to the department, but they were declined. Aggrieved the respondents filed appeals before the Tribunal, which have been accepted by the Service Tribunal through the impugned judgment.

2. It was argued by the learned Additional Advocate-General that the entitlement to the increments was only for having acquired higher qualification of M.A. In the discipline of Education, whereas the respondent-Zaheer Alam got master degree in Political Science and respondent-Qari Hassan Din did his M.A. In Arabic, thus a notice was issued to the respondents vide order dated 24- 5-2011. Pursuant to the above order, the respondents have appeared and we, on examination of the notification regarding grant of increments, are not satisfied if those are restricted only to the master in education discipline, rather as per notification dated 25-8-1983, to which reference has been made, it is clear that besides the M.Ed. Six advance increments shall also be available to those teachers, who have improved their qualifications in "master degree in any discipline".

Therefore, in the light of the, above, we do not find any force in the submissions propounded by the learned Advocate-General calling for interference in the instant jurisdiction.

3. Resultantly, the noted petitions are dismissed and leave to appeal is declined. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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